maori structure Flashcards
maori tow jr appliaction
- is there a treaty incorpertaing principle
- yes, limited way act
- no, still need to act in respect to indigenous rights (tt) - how stringly is the provision worded
- weak = imposes negative obliagtions
- strong = is not exhaustive unless p expresses this (tt) - what principles are engaged
- redress
- active protection
- partnership
- consultation - what is the jr ground
- illegailty (improper purpose/illegality)
- procedural impropreity (natural justice)
normative process
justice whata method derived from the take utu ea process
- what is the facts
- what is the cause of the dispute, violation of tikanga
- who is effected - structural and perscriptive
- what responsibilties at play - relational, resonsibilty
- what kawa may resolve the issue
strctural
whakapapa - est connection w matter
whenuangatanga - dictates tikanga differs across hapu
perscriptive
utu - is there an imblanace that needs redressing
ea- how to acheive balnce
relational
mana - has someones mana been effected
tapu - integirty effected/ restrictions improper (place)
noa - retsrctions improper ( lift)
responsiblity
what respobsibilties are req
kaitikitanga - natural world
manaakitanga - people
kawa
deliberation
- korero
- hui
- runanga
- hou hou i te rongo
restriction
- place tapu to place restriction
- whakanoa to life restrcition
te pou matakana case
no to vaccination records vague
- jr as MOH needs to appreciate tikanga and principles
nwo case
presumption of legailty
- presumption of inclusion unless specifically expressed
no iwi fights involved in
not all cases are justiciable
wairapa moana v mercury
- mana whenua not absoloute - taku whenua - mana w give to peeps w/o mana w
SHOWS THAT TIKANGA IS NOT RIDGID E.G in claw back cases WT is well placed to determine menaing of tikanga
clawback why and where
why
- to ensure tranfers of land (to soe) dont breach TOW principles
where
- soe act 1986, 27-27d
te heu heu
orthodox and outdated position that treaty doesnt have legal effect if not incorperated into domestic law or relevat statute
non legal effects of the treaty
- LDAC
- TREATY SETTLEMENT
- guided by red book
- subject to state rights and tikanga
- power from third souce
- redress - CABINET CIRCULAR
- internal memo created by cab
- guidline 4 policy developm + implement
- set Q for decsion maker 2 consider for articles of TOW - WT
- est tow act 1975 - as repsonse to tow breaches
- reco non binding unless crown —> soe
- invest
- claims abt crown
- DL refer to TOW
- determine menaing TOW, not bind on court tho - general
- constituionally importnat - moral obliagtion
- suvject 2 debate
